senate Bill S5263

Relates to establishing the crime of allurement of a minor through electronic means

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Establishes the crime of allurement of a minor through electronic means.

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Bill Details

See Assembly Version of this Bill:
A7525
Versions:
S5263
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง263.17 & 263.18, Pen L

Sponsor Memo

BILL NUMBER:S5263

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the crime of allurement of a minor through electronic
means

PURPOSE OR GENERAL IDEA OF BILL: Establishes a criminal penalty
against an adult who uses an electronic device to sexually lure a
minor and an enhanced penalty for repeat offenders.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends the penal law by adding a new section 263.17 and
263.18, establishing the crime of allurement of a minor through
electronic means in the second degree and allurement of a minor
through electronic means in the first degree. Allurement in the second
degree is classified as an A misdemeanor, and allurement in the first
degree is classified as an E felony. Allurement will not include
sexual communications from one minor to another, nor will it include
sexual communications between persons age 18 with persons age 15 and
over, nor communications with persons age 21 and under with persons
age 17. These provisions correlate with the age of consent currently
contained in other sections of the penal law.

Section Two is the effective date.

JUSTIFICATION: Adult predators use computers, iPhones, and other
electronic devices to lure underage minors for the purpose of sexual
contact. By establishing the crime of allurement of a minor through
electronic means, the police will be able to obtain a search warrant
to inspect other electronic devices owned by the predator, to
determine if other minor victims exist. In many cases, when a predator
is caught, the police investigation reveals that other children have
been victimized. Television shows, such as "Perverted Justice" and "To
Catch a Predator" have highlighted the prevalence of technology being
used to lure children. The predators caught on camera often claim that
they are first time offenders, but police investigations have proven
the opposite.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect ninety days after becoming
law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5263

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crime  of
  allurement of a minor through electronic means

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding two new sections  263.17
and 263.18 to read as follows:
S 263.17 ALLUREMENT  OF  A  MINOR THROUGH ELECTRONIC MEANS IN THE SECOND
           DEGREE.
  ANY INDIVIDUAL WHO KNOWINGLY ENGAGES IN SEXUAL COMMUNICATION  FOR  THE
PURPOSE, IN WHOLE OR SUBSTANTIAL PART, OF HIS OR HER OWN SEXUAL GRATIFI-
CATION,  INCLUDING TEXT MESSAGES OR PICTURES, WITH AN INDIVIDUAL WHOM HE
OR SHE KNOWS TO BE A MINOR, THROUGH ANY ELECTRONIC MEANS SHALL BE GUILTY
OF THE CRIME OF ALLUREMENT OF A MINOR THROUGH  ELECTRONIC  MEANS.    THE
CRIME  OF ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS SHALL NOT APPLY
TO COMMUNICATIONS SENT FROM ONE MINOR TO ANOTHER, TO COMMUNICATIONS SENT
BY A PERSON AGE TWENTY-ONE OR UNDER TO A PERSON AGE SEVENTEEN OR  OLDER,
NOR TO COMMUNICATIONS FROM A PERSON AGE EIGHTEEN TO A PERSON AGE FIFTEEN
OR OVER.
  ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE SECOND DEGREE IS
A CLASS A MISDEMEANOR.
S 263.18 ALLUREMENT  OF  A  MINOR  THROUGH ELECTRONIC MEANS IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF ALLUREMENT OF A MINOR THROUGH  ELECTRONIC  MEANS
IN  THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF ALLUREMENT OF A
MINOR THROUGH ELECTRONIC MEANS IN THE SECOND DEGREE, AND HAS  PREVIOUSLY
BEEN CONVICTED OF SUCH CRIME WITHIN THE PRECEDING TEN YEARS.
  ALLUREMENT  OF A MINOR THROUGH ELECTRONIC MEANS IN THE FIRST DEGREE IS
A CLASS E FELONY.
  S 2. This act shall take effect on the ninetieth day   after it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09928-06-3

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